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Margin Agreement Template for Singapore

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Key Requirements PROMPT example:

Margin Agreement

"Need a Margin Agreement for our Singapore subsidiary to facilitate trading with institutional clients, ensuring compliance with MAS regulations and incorporating rehypothecation rights, with planned implementation by March 2025."

What is a Margin Agreement?

The Margin Agreement serves as the primary document governing margin trading relationships in Singapore's financial markets. This agreement is essential when parties engage in leveraged trading or need to establish collateral arrangements for financial transactions. It must comply with MAS requirements and typically includes detailed provisions for initial and variation margin, collateral management, and default scenarios. The agreement is particularly important given Singapore's role as a major financial center and must align with both local regulations and international standards for margin trading.

What sections should be included in a Margin Agreement?

1. Parties: Identification of parties entering into the margin agreement, including registration details and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement, including financial and technical terminology

4. Margin Requirements: Core obligations regarding posting and maintaining margin, including calculation methodologies

5. Eligible Collateral: Types of acceptable collateral and their valuation methods

6. Default and Remedies: Events of default and corresponding remedial actions

7. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

8. Governing Law and Jurisdiction: Singapore law provisions and jurisdiction clauses

What sections are optional to include in a Margin Agreement?

1. Credit Support: Additional credit support arrangements when dealing with complex credit arrangements or third-party guarantors

2. Rehypothecation Rights: Rights to reuse posted collateral when parties agree to allow reuse of posted collateral

3. Special Custodial Arrangements: Specific arrangements for third-party custody when using third-party custodians for collateral

What schedules should be included in a Margin Agreement?

1. Schedule 1 - Eligible Collateral Schedule: Detailed list of acceptable collateral types and haircuts

2. Schedule 2 - Margin Calculation Methods: Detailed methodology for calculating initial and variation margin

3. Schedule 3 - Contact Details: Authorized representatives and contact information for margin calls

4. Appendix A - Standard Settlement Instructions: Details for collateral transfers and settlements

5. Appendix B - Risk Disclosure Statement: MAS-required risk disclosures for margin trading

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Industries

Securities and Futures Act (SFA): Primary legislation governing securities trading, particularly Part 5 on trading of securities and Part 8 on securities clearing and settlement. Essential for margin trading regulations.

Financial Advisers Act (FAA): Key legislation governing financial advisory services and requirements for financial institutions providing margin trading services.

Companies Act: Fundamental legislation governing corporate entities and their operations in Singapore, relevant for institutional parties in margin agreements.

Banking Act: Core legislation governing banking institutions and their operations, including aspects of margin lending and related banking services.

MAS Guidelines on Margin Requirements: Specific regulatory guidelines for non-centrally cleared OTC derivatives, including margin calculation and collateral requirements.

Notice SFA 04-N16: MAS notice on execution of customers' orders, essential for margin trading operations and customer order handling.

Financial and Margin Requirements Regulations: Specific regulations for holders of Capital Markets Services Licences regarding financial and margin requirements.

ISDA Master Agreement Framework: International standard framework for derivatives trading, providing structure for margin agreements and trading relationships.

BCBS-IOSCO Framework: International framework setting standards for margin requirements in non-centrally cleared derivatives trading.

Contract Law: Singapore contract law based on English common law principles, fundamental for the agreement's enforceability.

Unfair Contract Terms Act: Legislation governing fairness in contractual terms, particularly relevant for consumer protection in margin agreements.

Personal Data Protection Act: Legislation governing the collection, use, and disclosure of personal data, relevant for customer information handling in margin agreements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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